Regulation 3 Amendments relating to when land is previously developed
In regulation 21 (previously developed sites)—
in paragraph (2) after “relevant date” insert “, and that building was not wholly underground”;
in paragraph (4)—
in the words before sub-paragraph (a) after “at that time” insert “any one or more of the following conditions are met”;
omit the “or” after sub-paragraph (c);
at the end of sub-paragraph (d) insert
“, or
(e)any operations which have been carried out in, on, over or under the land are not lawful.”;
after paragraph (4) insert—
“(4A)For the purposes of calculating whether at least 75% of land is previously developed for the purposes of paragraph (1), any underground part of a building which extends beyond the part of the building which is not underground is not to be taken into account.”;
in paragraph (5)—
for the definition of “building” substitute—
““building” means any permanent building and any other permanent man-made structure or erection, including any extension, and any part of a building, as so defined;”;
insert the following definitions in the appropriate places—
““lawful”, in relation to operations, has the same meaning as in section 191 of TCPA 1990f1;”;
““structure or erection” includes, but is not limited to—
- (a)
areas which are reinforced for load-bearing, paved or otherwise surfaced with man-made materials;
- (b)
plant and machinery.”.
Annotations
Footnotes
- f1
-
Section 191 was amended by section 10(1) of the Planning and Compensation Act 1991 and section 124(3) of the Localism Act 2011 (c. 20); there is another amendment which is not relevant.